Akunwata Ogbogu Mbanefo V. Nwakaibie Henry Molokwu & Ors (2014)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

The Appellant as Plaintiff in Suit No. 0/1/2005 in the High Court of Anambra State sitting in Ihiala sued the Respondents as Defendants. That High Court per Anigbogu J dismissed the suit as lacking in merit. Dissatisfied with the decision, the Appellant appealed to the Court of Appeal, Enugu Division which on the 8th July, 2008 after a full hearing dismissed the appeal hence the appeal before the Supreme Court.

FACTS RELEVANT TO THE APPEAL:

The Appellant as Plaintiff had claimed as follows in the

Statement of Claim:-

“a) A declaration that the Defendants do not have the authority and power to stop the Plaintiff from participating in Ozo Title ceremonies and from enjoying his rights and privileges as an Ozo titled man at every Ozo title ceremony so long as he is not in breach of any Ozo rules and the Agbalanze Onitsha Constitution.

b) An order restraining the Defendants, their agents, privies, workmen and assigns whether by themselves or by others from stopping or interfering with the Plaintiff’s participation in and enjoyment of Ozo title ceremonies as well as his rights and privileges attendant thereto.

c) An order directing the Defendants to pay over to the Plaintiff all his Ozo dues from the 26th December, 2004 up to the time the Defendants or their successors shall have lifted and stopped the unlawful ban.

d) An order nullifying Section 26 (d) of the Agbalanze Onitsha Constitution as being in conflict with the Constitution of the Federal Republic of Nigeria, 1999.

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e) N500,000.00 (Five Hundred Thousand Naira) being general damages for depriving the Plaintiff by his Constitutional rights of Freedom of association and Assembly.”

The case as put forward by the Appellant was that he was a regular member of Agbalanze Society of Onitsha which is an association of titled men, having been initiated in 1984. On 26th December, 2004, when on invitation he attended a function of the association he was summoned to the Executive table, where the Respondents through the 1st Respondent who was the president of the association asked him to leave the function as he had been ostracized. Appellant demanded a document to evidence the action but the 3rd Respondent who was the Secretary of the association asked him to comply with the directive of the president and that the other Respondents were privy and agreeable to the decision.

Though the Appellant emphasized that he was not told the reasons for being asked to withdraw from the functions of the association that was belied both in the pleadings and evidence. Appellant testified himself and called one witness, his nephew and tendered several exhibits, viz:-

(i) Exhibit A – Constitution of the Agbalanze Society of Onitsha.

(ii) Exhibit B – Receipt for payment of dues of the association by the Appellant.

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